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48 C Paederasty How far the antipathy is a Just ground
that results from it] as far as it is not warranted
by the essential mischievousness of the offence, is
grounded only in prejudice: it may therefore be
assuaged, and the pain it gives both to lessen'd and reduced to such a measure as to be no
longer painful if not removed, by only presenting the bringing to view the considerations
which shew it to be ill-grounded. The
case is that of an the bare<add> accidental existence of an antipathy which had no
foundation in [the any essential mischievousness
of the offence] the principle of utility were to be
admitted as a sufficient ground reason for gratifying
it by the punishment of the object, in a word
if the propensity to punish were admitted in this
or any case as a sufficient ground for punishing,
one should never know where to stop.
Upon monarchical principles, the Sovereign would
be in the right to punish any man, he did not
like: upon popular principles, the every man or
at least the majority of each community would
be in the right to punish any every man upon the no
same better reason. If it were so woud Heresy. If this were admitted we should be
forced to admitt the propriety of applying punishment
and that to any amount, to any offence
for instance which the government should find a pleasure
in comprizing under the name of heresy.
I see not, I must confess, how a Protestant or
any person who should be for person's looking upon
this [ground] as a sufficient ground for [punishment] punishing</p>

Identifier: | JB/072/202/004
"JB/" can not be assigned to a declared number type with value 72.


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penal code

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text sheet

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f45 / f46 / f47 / f48


jeremy bentham


[[watermarks::w [britannia with shield emblem]]]


jeremy bentham

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